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People v. Freier

228 A.D.2d 520, 644 N.Y.2d 306, 644 N.Y.S.2d 306, 1996 N.Y. App. Div. LEXIS 6550
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 10, 1996
StatusPublished

This text of 228 A.D.2d 520 (People v. Freier) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Freier, 228 A.D.2d 520, 644 N.Y.2d 306, 644 N.Y.S.2d 306, 1996 N.Y. App. Div. LEXIS 6550 (N.Y. Ct. App. 1996).

Opinion

We find that the defendant did not receive the effective assistance of counsel and therefore the judgment must be reversed (see, People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137).

Furthermore, the court’s failure to give a limiting instruction concerning the defendant’s prior arrest, coupled with the court’s failure to instruct the jury that the testimony of a police officer is entitled to no greater weight than the testimony of an ordinary citizen, warrant reversal (see, People v Guzman, 146 AD2d 799). Balletta, J. P., Santucci, Krausman and Florio, JJ., concur.

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Related

People v. Baldi
429 N.E.2d 400 (New York Court of Appeals, 1981)
People v. Satterfield
488 N.E.2d 834 (New York Court of Appeals, 1985)
People v. Guzman
146 A.D.2d 799 (Appellate Division of the Supreme Court of New York, 1989)

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Bluebook (online)
228 A.D.2d 520, 644 N.Y.2d 306, 644 N.Y.S.2d 306, 1996 N.Y. App. Div. LEXIS 6550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-freier-nyappdiv-1996.